Effect of criminal convictions

Contributed by Bill de Mars and Judith Fordham and current to 1 September 2005

WHAT CRIMINAL RECORDS ARE KEPT?

The Police Department has a Criminal Records Section which records all criminal convictions of adult offenders. The information maintained is the person’s full name, residential address, alias (if any), personal description including date of birth, date and court where conviction was recorded, the offence and the penalty imposed.

CONSEQUENCES OF A CONVICTION

In addition to whatever sentence is imposed for an offence, the offender will generally suffer further adverse consequences or disabilities as a result of the conviction. These may last throughout the offender’s life. Some of these disabilities are laid down by law, while others are imposed by society. The Spent Convictions Act 1988 (WA) has made some changes in this area to convictions over 10 years old.

Voting

A person serving a sentence of imprisonment of 3 years or longer loses their right to vote in Federal elections (s.93(8) Electoral Act 1918 (Cth)) for the duration of the sentence. However, there is no loss of voting rights in relation to State elections.

Appointment to Public Office

If a person employed in the public sector is convicted of an indictable offence and imprisoned for a period exceeding 12 months, his or her position becomes vacant and any superannuation benefits cease to be payable. A person so convicted is incapable of holding any public office until the completion of his or her punishment.

Serving on a jury

A person is disqualified from jury service if he or she has been convicted of a crime and sentenced to more than 2 years’ imprisonment or has, during the past 5 years, been imprisoned or placed on a Community Based Order.

Employment in the Public Sector

A criminal conviction may affect a person’s ability to obtain or retain employment in the public service. All persons applying for positions in the Western Australian public service must declare whether they have any criminal convictions, although the nature of these can be discussed in private.

Although there are no restrictions on the employment of offenders in the state public service, each case is considered on its merits. Conviction for an offence of dishonesty, for example, will strongly diminish chances of employment in a position involving the handling of money. Unsuccessful applicants have no right of appeal.

Licensing registration

An applicant for a licence to be an auctioneer or real estate agent, a builder, a motor dealer or a private enquiry agent must be of ‘good fame and character’.

Although the licensing authority, for example, does not automatically refuse applicants on the basis of a criminal conviction, they must be convinced that the person is a fit and proper person to hold a licence. The District Court specifically checks the criminal records of applicants for an auctioneer’s licence.

Travelling overseas

Some overseas countries do not grant visas to people with certain types of criminal records, for example drink driving offences or drug offences.